White Paper on Data Governance for Trade Facilitation - Various Laws Around Data Governance

Chapter by Craig Atkinson, WTI Non-Resident Fellow and joint Research Affiliate at Singapore Management University Centre for AI and Data Governance/Centre for Computational Law, published on November 7, 2024 by the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT). 

About the publication:

In an era defined by an unprecedented explosion of digital information, data has emerged as a critical asset for businesses and organizations across industries. However, the sheer volume and complexity of data can be overwhelming, making it essential to establish a framework that ensures its quality, integrity, and security. This framework is known as Data Governance. Data Governance encompasses the policies, processes, and procedures that govern how an organization manages its data assets. It provides a structured approach to ensure that data is accurate, consistent, and aligned with organizational objectives. At its core, Data Governance is about establishing rules and responsibilities for data management.

The primary purpose of Data Governance is to empower organizations to make informed decisions, achieve compliance with regulatory requirements, and derive value from their data assets. The purpose of this project is to look at Data Governance especially in Trade Facilitation (TF) in the context of UN/CEFACT’s mandates and create a white paper that focuses on studying existing Data Governance and presenting best practices for existing systems that can act as a guide for future implementation.

About the contributions:

Chapter 6 (Subsection) - Restrictions On Cross-Border Data Flows and Localization  

Restrictions may be implemented by governments at all levels and take different forms (e.g., outright bans on cross-border transfers or allowable flows based on conditions). Such measures are enacted for a variety of reasons, including national security; cybersecurity; citizen data protection and privacy; and ‘digital protectionism’. Similarly motivated, as a separate type of measure, localization is broadly defined by regimes that lead to more local data storage than would otherwise be the case (i.e., in lieu of the measure in question). Debate surrounds whether data localization should only include ‘explicit measures’ or if it should also include ‘implicit measures’. 

Chapter 7 - Various Laws Around Data Governance

After connecting data governance concepts with UN/CEFACT deliverables, articulating technical best practices, and exploring data flows, this chapter recognizes various sources of law. While certain sources may not have an obvious impact on trade facilitation (e.g., privacy laws), they can include language to affect the utilization of data-driven (or enabled) technologies when approaching the simplification, harmonization, modernization, and delivery of measures for paperless and cross-border paperless trade. This guidance material comes at a pivotal time, as the adoption of laws around data governance is accelerating.